Questions about work related injuries, what about work related injuries?

Your situation should be recognized as a work-related injury.

According to the "Regulations of the People's Republic of China on Work-related Injury Insurance" Chapter III Determination of Work-related Injuries.

Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

1) Being injured in an accident during working hours and in the workplace due to work-related reasons;

2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;

3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) Being injured in a motor vehicle accident while commuting to or from work;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Your situation can be determined by reference to Article (2) and (6).

In particular, if your employer does not apply for work-related injury recognition for you, you or your immediate family members can directly apply for work-related injury recognition to the labor and social security administrative department of the co-ordinating area where your employer is located within one year from the date of the accident injury. And the law specifically stipulates:

If the employee or his or her immediate family members believe that it is a work-related injury, but the employer does not consider it to be a work-related injury, the employer shall bear the burden of proof.

After the work-related injury is determined, the expenses required for the work-related injury meet the requirements of the work-related injury insurance diagnosis and treatment items, the work-related injury insurance drug list, and the work-related injury insurance hospitalization service standards, and shall be paid from the work-related injury insurance**. i.e. full reimbursement. For specific regulations, please refer to the relevant regulations:

Chapter V Work-related Injury Insurance Benefits.

Article 29 Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries.

Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid.

**If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be formulated by the labor and social security administrative department in conjunction with the health administrative department, the drug regulatory department and other departments.

If an employee is hospitalized and injured at work, the unit shall pay the hospitalization meal subsidy according to 70% of the unit's food subsidy standard for business trips; If an injured employee seeks medical treatment outside the overall planning area with a certificate issued by a medical institution and approved by the handling agency, the required transportation, food and lodging expenses shall be reimbursed by the unit in accordance with the standard for employees traveling on business for business purposes.

Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures.

It is a work-related injury. This can be referred to Article 14, Paragraph 2 of the Regulations on Work-related Injury Insurance.

We've been in a similar situation before, and we've decided it.

Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

1) Being injured in an accident during working hours and in the workplace due to work-related reasons;

2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;

3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) Being injured in a motor vehicle accident while commuting to or from work;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Article 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

1) Died of a sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed;

2) Suffering harm in emergency rescue and disaster relief or other activities to preserve national or public interests;

3) Employees who previously served in the army, were disabled due to war or duty injuries, and have obtained the certificate of revolutionary disabled soldiers, and were injured after arriving at the employer.

If the unit has bought insurance, there will be insurance money at that time, and if the unit has not bought insurance, the reimbursement of medical expenses should see whether the medication is within the scope of reimbursement. The company should cover your wages and medical expenses during the period of your work-related injury.

What if you are found to have suffered a work-related injury? What is the treatment of work-related injuries? The person in charge of the work-related injury doesn't know (I believe that he pretends not to know), and my work-related injury is identified, and the medical expenses are not reimbursed, what can I do? Mine, I work in a public institution, who will reason with us??

To say that you are you is, not to be, to say no is no, yes and no.

The time spent on the commute to and from work counts.

Counting work-related injuries, claims cannot be made immediately after the work-related injury is identified, and the employee needs to complete the medical treatment, conduct a labor ability appraisal according to whether there are sequelae, and reimburse and compensate the amount according to the results of the labor ability appraisal, medical expenses, hospitalization time, etc.

According to Article 14 of the Regulations on Work-related Injury Insurance, an employee shall be deemed to have suffered a work-related injury if he or she has any of the following circumstances:

1) Being injured in an accident during working hours and in the workplace due to work-related reasons;

2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;

3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Although you are on your first day of work, this does not affect the determination of work-related injuries.

This is not a work-related injury.

This approach is wrong.

It should be calculated based on your average salary for the previous 12 months.

Then 22 days of monthly equivalent to a single day's wages.

If there is a double leave, is it "deducted", this is a violation of the labor law, and the overtime salary must also be calculated.

You can apply for arbitration from labor arbitration, and it is best to consult with a local lawyer first about what evidence is needed, and then apply for arbitration after collecting evidence.

Hello, to the problem you described, the lawyer replied as follows:

First of all, apply for a work-related injury appraisal, and after confirming the disability level, it is the basis for confirming the compensation. Refer to Article 18 of the Regulations on Work-related Injury Insurance.

Second, the main scope of claims includes medical treatment for work-related injuries, one-time disability allowance, hospital meal subsidy, assistive devices, original salary and benefits during the medical treatment period, living care expenses, etc.

Third, compensation shall be made with reference to Articles 33, 34, 35, 36, 37, 38, 39 and 40 of the Regulations on Work-related Injury Insurance.

Fourth, if the negotiation fails, bring the relevant materials to the labor inspection department to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration. Blessing!

Why sue? The first conditions for the recognition of work-related injuries are formal legal person enterprises and units that pay work-related injury insurance in accordance with national regulations. If it is not such a unit, it cannot be determined as a work-related injury; Yes, such a unit will not have the problem of going unnoticed in the event of an accident.

It is very likely that your friend's employer has not paid work-related injury insurance in accordance with national regulations, so it cannot be treated as a work-related injury. The specific treatment method is in accordance with the national personal injury compensation regulations.

Second, why wait until the second surgery is done before suering? The lawsuit will not affect the second operation, and if the time limit is exceeded, it will not be admissible, and the compensation for all the processes will be uncertain.

The work-related injury should be recognized when it occurs, but this determination is usually reported by the unit; If it is carried out by an individual, it is necessary to apply to the Labor Protection Department (Section) of the local labor bureau; The degree of injury can only be confirmed after an appraisal process, which is actually a work-related injury disability appraisal. This process is usually carried out after healing, and the sequelae are addressed. The specific unit is the work-related injury and disability appraisal unit linked to the Labor Bureau.

If the labor relationship can be determined, you should apply for work-related injury identification and labor ability appraisal as soon as possible, and then apply for labor arbitration as soon as possible according to the appraisal results to request the employer to compensate for work-related injuries, because the statute of limitations is only 1 year, and the law does not support it if the statute of limitations is exceeded.

Compensation items for disability caused by work-related injuries: medical expenses, food allowance during hospitalization, living care expenses, wages during work-related injuries, transportation and accommodation expenses, assistive device expenses, one-time disability allowance, disability allowance, one-time medical subsidy for work-related injuries, one-time disability employment subsidy, etc.

You must apply for a work-related injury determination within one year of the injury. Only after it is assessed as a work-related injury can the rights and interests of the future be better protected. Work-related injury appraisal is based on the condition of the injury to determine the level of disability in order to obtain compensation.

It is not possible to sue the manufacturer after the second operation, first of all, it is necessary to apply for a work-related injury determination within one year after the work-related injury at the latest, and the work-related injury appraisal will determine the compensation after the injury is stabilized. Work-related injury insurance** compensates part of the compensation and the manufacturer compensates part of the compensation. Apply for a work-related injury certificate as soon as possible!

Zongheng Legal Network-Beijing (Yingke) Nanjing Law Firm-Jia Xuede lawyer.

1. The injured employee can apply for work-related injury recognition within 1 year, and it is recommended to apply for work-related injury recognition in time to avoid being unable to claim work-related injury compensation.

2. As for the appraisal of work-related injury grade, you can apply after the condition is stable.

3. Work-related injury compensation is a labor dispute, and it is necessary to apply for labor arbitration first, and only those who are dissatisfied with the arbitration can sue to the court.

Apply for work-related injury recognition and disability level appraisal, and enjoy the corresponding work-related injury benefits.

Zongheng Legal Network-Beijing Hejiuqian Law Firm-Wei Shudi lawyer.

1. From the date of injury, you must apply for work-related injury recognition within one year, otherwise, the statute of limitations will expire. 2. Go to the Social Security Bureau to apply for work-related injury recognition - do labor ability level appraisal - calculate the compensation amount according to the grade. 3. It's May now, you have to hurry, once the statute of limitations has passed, the law will no longer protect it.

If you don't understand, it is recommended to ask a local lawyer for help.

The work-related injury should be declared and recognized as soon as possible, and the disability level appraisal should be carried out after the end of the **, and the work-related injury treatment should be claimed through negotiation or arbitration according to the appraisal results.

Zongheng Legal Network-Beijing Longping Law Firm-Yuan Liping Lawyer.

Hello: According to the relevant regulations, if an employee is injured in an accident, the unit shall submit an application for work-related injury recognition to the social insurance administrative department of the coordinating area within 30 days from the date of the accident injury. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his close relatives or trade union organization may, within one year from the date of occurrence of the accident injury, directly submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area where the employer is located.

If an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, an appraisal of his or her ability to work shall be conducted. Labor ability appraisal refers to the grading appraisal of the degree of labor dysfunction and the degree of self-care impairment.

In order for the unit to bear the liability for compensation, it must first be determined as a work-related injury, and then the compensation standard is determined according to the level of labor ability appraisal.

In the event of a dispute between an employee and an employer over work-related injury benefits, he or she shall first apply to the local labor administrative department for arbitration of the labor dispute, and if he or she is not satisfied with the arbitration award made by the arbitration commission, he or she may file a lawsuit with the local court. (It is recommended to appoint a lawyer** or consult in detail).

If you can claim for escort expenses, you can also apply for an appraisal after the injury is stabilized.

1. Reasonable.

If it is determined that it is a work-related injury, it can be reimbursed by the unit.

2. Companion fees can be requested. Because it is a family, you can claim according to the average price of the local area.

3. After the injury is stabilized, you can apply for disability identification.

It's okay, the unit doesn't go, you can go by yourself.